July 28, 2015 – On the heels of the PTAB’s July 16 ruling denying a request for rehearing by C.R. Bard, Inc. for inter partes review of certain claims of Medline Industries, Inc.’s patent, Medline filed a Request for Adverse Judgment over the remaining claims at issue in Case IPR2015-00514. The patent at issue in the IPR was U.S. Patent No. 8,678,190, entitled “Catheter Tray, Packaging System, Instruction Insert, and Associated Methods.” In a July 10, 2015 decision, the PTAB instituted inter partes review of claims 1-7, 9, and 11-13, but denied institution as to claims 10 and 14-18. C.R. Bard asked the PTAB to reconsider its decision denying institution of claims 10 and 14-18 but the PTAB denied reconsideration in a July 16 decision. On July 23, Medline filed a Request for Adverse Judgment stating that it is cancelling claims 1-7, 9, and 11-13 of the ’190 patent. In a July 24 final written decision, APJ Timothy J. Goodson, along with panel members Josiah C. Cocks and Jennifer Meyer Chagnon, ordered that judgment be entered against Medline and that the claims still at issue in the IPR be cancelled. Medline Industries’s ’190 patent is directed to storage containers for long, flexible medical devices such as catheters.
By: Frederick C. Millett